Tuesday, June 14, 2011

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Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?

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permfiling

08-13 05:47 PM

permfiling,

A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

I believe this is the tack Company B lawyer is suggesting.

Here's something I read on another lawyers website w.r.t. AC21: 1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company. 2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.

Thanks, I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn

2. Title indicates same job 3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,

I think you can go ahead and file the 485 but dont explicitly mention AC21.

I hope we all in the same boat should try out and see ..

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lazycis

04-17 12:46 PM

It's possible, but you need to marry first, then file I-130. After I-130 is approved, you can ask USCIS to use your I-130 as underlying visa petition for I-485. Keep in mind that I-130 AOS gives you only conditional permanent residency, after 21 months you need to apply for a regular GC.

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gcisadawg

03-30 08:20 PM

If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.

I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!

What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.

Hi, My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09. I have new H1 extension for 3 years.

--If I go for visa stamping will it be a problem as I am workig for TARP received bank. --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

Hi PCS, I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

My take:

AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

The above said information is purely based on my knowledge and may vary from an Attorney�s view.

Good Luck!

Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.

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masterji

01-12 12:43 AM

If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.

interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else. Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer

This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status: 1. Non-immigrant status (H1B/H4 etc). 2. Pending AOS status.

You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.

I might be wrong though.

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rameshvaid

04-09 04:30 PM

I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.

I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?

in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.

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gangadhargs

05-12 05:07 AM

I also have two I-485s pending. I contacted the attorneys about this and they said not to do anything with them. Let USCIS deny one of those when time comes. Sending any sort of communication to USCIS might cause more confusion than necessary. I hope that helps.

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PHANI_TAVVALA

02-26 02:14 PM

Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.

It is the other way around Ma'm- who does not understand what cancel means- Thanks for putting it in the right perspective though:D